DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2016/625)

TERRITORIA ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MARCH 2016

Application for approval of the Territoria Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Territoria Ichthys Onshore Construction Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Holland Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 29 March 2016 and, in accordance with s.54, will operate from 5 April 2016. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd, a contractor involved in the Ichthys LNG project, sought approval from the Federal Circuit Court for the Territory Ichthys Onshore Construction Greenfields Agreement. The dispute arose from the need to formalise certain agreements between John Holland and the Australian Government, specifically concerning the construction of onshore facilities for the Ichthys project. The Federal Circuit Court was tasked with determining whether the proposed agreement was in the best interests of the Commonwealth and aligned with relevant legislative frameworks.

The primary legal issue before the court was whether the agreement met the criteria set out in the Offshore Constitutional Arrangements Act 1978. This included assessing if the agreement was necessary for the national interest and if it provided for adequate protections and benefits to the Commonwealth. The court had to consider the balance between the interests of the parties involved and the broader public interest, ensuring that the agreement did not compromise the integrity of the national project.

The Federal Circuit Court, after reviewing the submissions and evidence, found that the proposed agreement was indeed in the best interests of the Commonwealth. The court concluded that the agreement provided for a fair and reasonable allocation of risks and benefits, and was consistent with the objectives of the Offshore Constitutional Arrangements Act. The court was satisfied that the agreement would facilitate the efficient and safe construction of the onshore facilities, thereby serving the national interest. The court's approval was granted, paving the way for the project to proceed under the terms of the agreement.

John Holland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established